South Africa: Journalists investigated under Apartheid-era law

South African authorities are investigating the Associated Press and Reuters for turning cameras on the home of Nelson Mandela. Ironically, the investigation stems from an Apartheid-era law.

JOHANNESBURG, SOUTH AFRICA (Catholic Online) - The law is known as the National Key Points Act. The law was intended to prevent news monitoring of areas deemed sensitive by the government. The law was originally created in 1980 and remains on the books from the Apartheid-era.

The irony of investigating journalists who are monitoring Nelson Mandela with an Apartheid-era law is not lost on the media, or the public.

If convicted, individuals targeted by the investigation could be fined 10,000 rand (just over US $1,000) and face a prison sentence of up to three years. The law specifically punishes anyone who "furnishes in any manner whatsoever in the information... in respect of any incident" that occurs at a national key point without government permission.

The Committee to Protect Journalists Africa Advocacy Coordinator, Mohamed Keita said "it is ironic that the South African police, under the government that fought against Apartheid, have invoked an obscure and repressive relic of that era in the name of protecting Apartheid's most famous victim. We call on the authorities to drop investigations that criminalize legitimate news gathering activities that neither invade privacy nor endanger the security of Nelson Mandela. The National Key Points Act, in its current form is an affront to the democratic constitution modeled by Mandela."

The cameras in question were positioned in at least one house in eastern South Africa, and pointed at the home of the 93-year-old former president. They were installed with permission and have been in place for at least six years. 

Journalists defend their activities by explaining that Nelson Mandela is a newsworthy individual, and that the cameras did not invade his privacy. The cameras were located some distance from Mandela's house, and it was not possible to see inside.

Meanwhile, South African National Police spokesman Vishnu Naidoo, said "In South Africa, all the houses of presidents are declared national key points, and there's a law which covers national key points in the country, which is called the National Key Points Act. In terms of the act, any person who films or photographs a national key point can be held in contravention of that law." 

He continued, "We are in the process of investigating these cases. We have so far discovered that these cameras belong to at least two media houses, but once we finalize those investigations, we will talk to our national prosecuting authority to determine a way forward." He also explained, that the cameras were "constantly on ... suggesting that the house was being filmed and monitored throughout." 

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The Associated Press has rejected the claim that the monitoring was constant.

At this time, cameras have been removed and the investigation continues. It is unknown who, if anyone, will actually be charged.

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